The Gateacre Society's
STATEMENT OF CASE regarding the Glenacres / Byron Court Right of Way
(PROW No.77), January 2018

WILDLIFE AND COUNTRYSIDE ACT 1981 - SECTION 53
Liverpool City Council Definitive Map and Statement
Modification No.5 Order 2016
PUBLIC RIGHT OF WAY 77:
ACREFIELD ROAD TO WOOLTON PARK, L25
Planning Inspectorate Reference Number ROW/3178391

STATEMENT OF CASE of the Applicant
(The Gateacre Society)

1 Background

1.1 On or about 7 March 2016 - to the surprise of Glenacres residents and other people living nearby - a brick wall was built across the tarmac road that linked Acrefield Road with Woolton Park via Glenacres and Byron Court. It followed the boundary between Byron Court and Glenacres, which had previously been marked only by a row of three collapsible steel bollards.

1.2 Several residents telephoned or emailed Liverpool City Council to report and complain about this obstruction to what they regarded as a Public Right of Way. Those who received a reply were told "nothing can be done" because the road was not an adopted highway and was not shown as a Right of Way on the Council's maps. Those who persisted were offered a copy of the Council's Rights of Way Claim Pack and told to complete the necessary forms in order for their claim to be considered.

1.3 The first person to be sent a Claim Pack (requested 31 March, received 25 April) was Mike Chitty of the Gateacre Society. He and the Society had previous experience of supporting Public Rights of Way claims, and fighting attempts to close local footpaths - e.g. at Broad Hey Close, Grange Weint and Sandfield Road - though had never previously been the Applicant in a Rights of Way case. He notified Mr Mike Cassidy (LCC Highways Department, the acting Rights of Way Officer) of his intention to submit a claim, as he knew from personal experience that people had been able to walk this route without hindrance for over 32 years, and that it was a valuable amenity to residents of Gateacre who wished to access Reynolds Park and other amenities.

1.4 From April 2016 onwards, anyone contacting the City Council about the blockage was advised to contact the Gateacre Society. People who submitted User Evidence Forms (Form E) to Mr Cassidy had them returned, and were instructed to send them to Mike Chitty instead.